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ELR_2023

Question

Married and living in different states

Forum|Forum|2 years ago
October 25, 2023
5 replies
0 views

My husband and I got married in January 2023. We live in different states and have even after the marriage. We do not have any joint accounts on anything. Is it better to file joint or separate given this odd circumstance?

Ask the Experts - Extension - Sept 2023

lramkumar

Hello ELR_2023

Assuming you don't hve dependents, f you both lived separately in 2 different states, you have the option to file married filing jointly for federal and married filing separately for the states, You will be able to see the what if scenario on Turbo Tax desktop version to find out which option gives you the most benefit.

Married filing jointly gives the best result tax wise, but there are situations where you might benefit from Married filing separately. It really depends on the income and tax bracket. This is where the what if scenario on the Turbo tax desktop version comes into play.

Thank you

Ammpochi

We will be getting married soon. TN & NC.

JotikaT2

Do you have a specific question? If so, please provide more details so we can assist you.

In regards to the states mentioned, Tennessee does not impose individual income taxes and therefore, you may not need to file anything once you are both married in that state once you are married (and assuming you both live there). Please see which states don't have income tax for more details.

As for North Carolina, please see this link for the 2023 filing requirements. The amounts may differ slightly for 2024. Depending upon your specific circumstances, if one of you move out of North Carolina during the year, that person will need to file a part-year North Carolina income tax return.

@Ammpochi

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shirleyh88

Hello ELR_2023,

Thank you for your question. I am happy to assist you.

Congratulations on your marriage!

You and your spouse can file a joint federal return. The address you choose to use on the federal return should belong to one of you who prefers to receive any mail from the IRS.

As for the state filing, every state is different. It depends on which state you live in. Some states allow you to file a joint return with your nonresident spouse, and in others you cannot do so. In addition, in some states may prefer a separate return for each spouse for state purposes.

Since both of you work and reside in different states, it can be in your best interest to file separate returns so you do not include your non-resident spouse’s income on your state return because both states may try to tax the same income.

I have attached an article that includes steps on how to file separate returns on TurboTax. It is best to use the TurboTax Desktop product because you will need to pay for one TurboTax product, but you can file up to five (5) returns.

https://ttlc.intuit.com/community/taxes/discussion/my-wife-and-i-worked-in-different-states-we-are-filing-federal-tax-as-married-filing-joint-should-we/00/661783

Please let me know if this answers your questions, or if I can be of further assistance.

Thank you!

Shirleyh88

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ELR_2023Author

Thank you for the insight. I live in Arizona and he lives in New Mexico. We got married in New Mexico.

shirleyh88

Hi ELR_2023,

Thank you for providing both of your respective states.

Arizona:

It looks like AZ will allow you to file married filing joint (MFJ) for your federal return and married filing separate (MFS) on the state return. However, since AZ is a community property state, filing a separate return requires you to reflect one-half of the community income from all sources in addition to any separate income.

Below is a link from the AZ Department of Revenue that provides information on Married Filing Separate Return:

https://azdor.gov/individuals#:~:text=You%20may%20file%20a%20separate,is%20a%20community%20property%20state.

New Mexico:

However, for NM, if married taxpayers file separate federal returns, they must file separate returns for their NM state returns as well. Please refer to the link below:

https://answerconnect.cch.com/document/jnm0109013e2c848e3bfc/state/explanations/new-mexico/married-filing-separately

Due to the different rules for both AZ and NM, it would be in your best interest to file married filing separately for both federal and state in this case. Please refer to the article below for filing MFS in AZ. Please keep in mind that the personal exemption amounts, and standard deduction amounts in this article were for 2017 so they are no longer applicable in 2023.

https://ttlc.intuit.com/community/taxes/discussion/if-i-file-married-but-separate-in-arizona-what-happens-if-i-don-t-list-wife-s-income-as-community/00/185495

Please let me know if this answers your questions, or if I can be of further assistance.

Thank you!

Shirleyh88

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tmbz

Also interested in the topic:

My spouse moved to Florida (October 2024) for work. He is renting an apartment there.

I will remain in Maryland full-time in our home. I work work in MD.

Should we file married, separately for Federal? Or married joint Federal & separate state taxes (him in FL, me in MD)? **This question is for both the coming tax year (3 months living in different states) and moving forward for the next tax year.

Thank you !

TomD8

Employee

@tmbz --

Your situation does not require filing your federal return separately, so that can still be a joint return.

Florida has no income tax so nothing to file there.

If your husband is in Florida temporarily for work purposes, while keeping MD as his main or primary home, then for tax purposes he remains a resident of MD and all his income remains taxable by MD, including his earnings from Florida.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.

CR2024

We currently live in WA state but my husband is likely moving to Tennessee for work. We typically file jointly, wondering how this works in different states?

taaxx

Can I file Federal taxes as married filing jointly and separate state taxes for New York and Florida (no state tax)?

KrisD15

No, New York requires the same filing status as that which you use for the Federal return.

HERE is a link for more information

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coldplay123

Hello. My husband I got married in California a few months ago. I live and work in California full time. He spent the first part of the year working in Iowa but moved to Minnesota in August 2024 so he will have tax forms from both states. Not sure how best to file our taxes. Please advise. Thank you!

CuriousPickle242

Similar situation. Married in July 2024, I'm a NY resident and husband is CT resident. We had a child in August 2024. How should/can we file?

KeshaH

You'd file Married Filing Jointly for your federal tax return.

If you and your husband were full-year residents of your respective states and never a resident of each other's states, you'd file Married Filing Separately for your state returns and only include your own income on your respective returns.